SS9301-ES 930204 EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DALLAS
That TEXAS UTILITIES ELECTRIC COMPANY, a Texas corporation, successor to Dallas
Power & Light Company, hereinafter referred to as Grantor, for and in
consideration of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable
consideration to it in hand paid by the City of Coppell, hereinafter referred to
as Grantee, has granted, sold and conveyed and by these presents does hereby
grant, sell and convey unto said Grantee a nonexclusive easement and right of way
for the purpose of constructing, maintaining and operating a sanitary sewer,
hereinafter referred to as Grantee's Facility, in, over, under, across and along
the following described property:
Lying and situated in the City of Coppell, Dallas County, Texas, and
being a part of that certain 16.50 acre tract of land in the J.C.
Cook Survey, Abstract No. 315, conveyed to Dallas Power & Light
Company by J.B. Lesley, et ux, by a Warranty Deed dated October 16,
1956, of record in Volume 4594, Page 302, Deed Records of Dallas
County, Texas, and being more particularly described in EXHIBIT "A"
attached hereto and made a part hereof for all intent and purposes.
There is also granted to Grantee, its successors or assigns, a nonexclusive
easement to use only so much of Grantor's adjoining land, during temporary
periods, as may be necessary for The construction, maintenance, and repair of
said Grantee's Facility. Such use shall not interfere with Grantor's use of such
property in the operation of its business and Grantee shall properly maintain
such property during construction and at the conclusion of such construction
remove all construction debris and other materials from such property and restore
such property to the same condition it was in prior to the commencement of
Grantee's construction thereon or in proximity thereto. Use of draglines or
other boom-type equipment in connection with any work to be performed on
Grantor's property by the Grantee, its employees, agents, representatives or
contractors must comply with Chapter 752, Texas Health and Safety Code, the
National Electrical Safety Code and any other clearance requirements.
Notwithstanding anything to the contrary herein, in no event shall any equipment
be within fifteen feet of Grantor's power lines situated on the aforesaid
property. Grantee must notify Dallas Region Transmission Operations 48 hours
prior to the use of any boom-type equipment on Grantor's property except in an
emergency. Granter reserves the right to refuse Grantee permission to use boom-
type equipment.
Grantee shall locate its Facility within the easement so as not to interfere with
any of Grantor's facilities. Grantee shall reimburse Grantor for any and all
costs and expenses incurred by Grantor for any relocatio~ or alteration of its
facilities located on or near the easement that Grantor, in its sole discretion,
determines are subject to interference from the said Grantee's Facility or from
the exercise by Grantee of any of its rights hereunder.
This easement is granted upon the conditions that Grantee's Facility to be
constructed shall be maintained and operated by Grantee at no expense to Grantor
and Grantor shall not be responsible for any costs of construction,
reconstruction, operation, maintenance or removal of Grantee's Facility.
Grantor shall not be liable to Grantee for any damage to said easement or
Grantee's Facility or other contents thereof, except when caused by the willful
misconduct of Grantor, its agents, servants or employees. Grantor and Grantee
each agree that if any claim or liability shall arise from the joint or
concurring negligence of both parties hereto, it shall be borne by them in
proportion to their negligence. It is understood that it is not the intention
of the parties hereto to create liability for the benefit of third parties but
that this agreement shall be solely for the benefit of the parties hereto.
Grantee shall, at its own cost and expense comply with all applicable
laws,including but not limited to existing zoning ordinances, governmental rules
and regulations enacted or promulgated by any governmental authority and shall
promptly execute and fulfill all orders and requirements imposed by such
governmental authorities for the correction, prevention and abatement of
nuisances in or upon or connected with said premises because of Grantee's use
thereof.
This easement, subject to all liens of record, shall continue only so long as
Grantee shall use this right of way for the purpose herein described and the same
shall immediately lapse and terminate upon cessation of such use. Upon
termination of this easement or right of way for any reason, Grantee shall remove
its Facility and restore the property hereinabove described to the same condition
that such property was in at the beginning of the term of this agreement,
ordinary wear and tear for the purpose herein authorized excepted.
TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its
successors and assigns, for the purposes aforesaid and upon the conditions herein
stated until the same shall be abandoned for use by the Grantee for the purpose
herein stated, then and thereupon this conveyance shall be null and void and the
use of said land and premises shall absolutely revert to Grantor herein, its
successors and assigns, and no act or omission on the part of them shall be
construed as a waiver of the enforcement of such condition.
AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND
FOREVER DEFEND all and singular the above described easement and rights unto the
Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor
but not otherwise. .~
EXECUTED as of this ; day of
GRANTOR:
TEXAS UTILITIES ELECTRIC COMPANY
H. Jarrell Gibbs,' Executive Vice President
GRANTEE:
CITY OF COPPELL
, ~"~' ,' '/',-/i /
Title: Mayor of the City of Coppell
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared H. Jarrell
Gibbs, Executive Vice President of Texas Utilities Electric Company, known to me
to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN L'?ER ..vy HA~D AND SEAL OF OFFICE this
x;:;;i.'";;;'~ ....
, ~o... ....~ LeNae B. Davis ,
, :'-:. i.~ N~ryPu~ic,~te01~e~ :,'otary Public in and for the State of Texas
~..-._-_ . _ ..-m _ _ . ~ _ ~Print Name of Notary Public Here)
My Commission Expires:
STATE OF TEXAS ~
COUNTY OF DALLAS ~
BEFORE ME, the undersigned authority, ~n this day personally appeared ~',~! ~
- ;:~:~'~ ~, o-;.,~ ,~ , Mayor.~6~% City of Coppell, known to me to be
the person whose n~e is subscribed to the foregoing instrument and a~owledged
to me that he executed the s~e for the purposes and consideration therein
expressed and in the capacity therein stated, and that he was authorized to do
so.
'l~:~,~f]~ D,~m~,l.19~ i' Notary Pub~6-~n and for the State of Texas /
....... --~ ' i-),., - ~,' / ---,- -
(Print N~ of Notary Public Here)
My Co~ission Expires:
D212021. BHH
SANITARY SEWER EASEMENT
EXHIBIT "A"
A tract or parcel of land situated in the J.C. Cook Survey, Abstract No. 315,
Dallas County, Texas, and being part of a 130 foot Right-of-Way described in the
deed to Dallas Power and Light Company (hereinafter referred to as TU Electric)
as recorded in Volume 4594, Page 302 in the Dallas County Deed Records, and being
more particularly described as follows:
COMliENCING at the southwest corner of TU Electric's right-of-way, also being in
the North line of a St. Louis and Southwestern Railroad (100 foot right-of-way)
and the southeast corner of the tract of land described in the deed to First
Texas Savings Association (tract l-C) as recorded in Volume 88213, Page 6301 in
the Dallas County Deed Records;
THENCE North 29° 30' 28" East, 22.17 feet along the west line of TU Electric's
right-of-way to the POINT OF BEGINNING;
THENCE North 29° 30' 28" East, 22.17 feet continuing along the west line of said
right-of-way;
THENCE South 86° 04' 37" East, 143.88 feet to the east line of TU Electric's
right-of-way;
THENCE South 29° 33' 25" West, 22.18 feet along the east line of said right-of-
way;
THENCE North 86° 04'37" West, 143.86 feet to the POINT OF BEGINNING and
containing 2,877 square feet or 0.066 of an acre of land, more or less.
D212021.BHH